The federal government's modifications to the Canada Labour Code through Bill C-39 have been generating a lot of questions. Why, first of all, are federal policymakers claiming that this obvious attack on the right to strike is not what it looks like? In what way will these measures "modernize" labour relations in Canada? 

The labour legislation in Bill C-39, also known as the Building Canada Strong Act, is contained in omnibus legislation meant to bolster the federal government's "major projects" agenda. It includes a wide variety of provisions, ranging from deregulation of environmental standards to several amendments to federal labour law.  

The controversial part of the labour law amendments, that the labour movement strongly opposes, are provisions that codify the power of the Labour Minister to end strikes. This occurs through Section 107 of the Code, and a referral to the Canada Industrial Relations Board (CIRB) that can order a return to work and binding arbitration. 

However, it takes only a modest grasp of Canadian trade unionism to know that strikes will continue despite Bill C-39. Nor will the claim of modernization hold up to any serious assessment. The legislation leaves Canada's outdated enterprise based bargaining system unchanged and unequipped to resolve the important labour relations issues of the 21st century: income inequality, technological change, employment insecurity and precarious work, and the absence of rights and voice for the majority of workers in the private sector.

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